Law: Specific Relief Act (I of 1877)

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 100

(a)    Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement---Limitation---Claim of the plaintiff, that the sellers / vendors (two in number) sold the suit property to him vide the agreement and promised to transfer the suit-property after redemption of mortgage charge from the Bank, was concurrently rejected---Validity---Suit for specific performance was instituted after twenty-five (25) years of the agreement--Admittedly, alleged seller (two in number) have passed away but somehow in the suit or examination-in-chief of petitioner's witnesses even the date of death of alleged sellers is not specified---It came to the surface during cross-examination of one of the plaintiff witnesses that alleged seller died about thirty (30) years prior to recording of the evidence---There is hardly any justification available for instituting the suit after such a long delay from the agreement and decades after the death of the alleged seller---The names of the marginal witnesses are given in the agreement but even those alleged witnesses have passed away---The two Courts below have disbelieved the evidence of the petitioner and the High Court also found that the evidence of the petitioner was not credible---Revision, filed by the plaintiff, was dismissed in limine, in circumstances.(b)    Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement---Evidence, deficiency of--Effect---Claim of the plaintiff, that the sellers / vendors (two in number) sold the suit property to him vide the agreement and promised to transfer the suit-property after redemption of mortgage charge from the Bank, was concurrently rejected--Validity---The names of the marginal witnesses are given in the agreement but even those alleged witnesses have passed away---Though one of the witnesses of petitioner / plaintiff claimed that he is son of one of the marginal witnesses and he was with his father at the time of execution of the agreement, however, in crossexamination he could not even depose as to the date of the agreement and then he stated that he cannot remember the names of the persons who…